TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.29 application for the hearing of an industrial dispute

The Tasmanian Public Service Association
(T.3100 of 1991)

and

Royal Derwent Hospital

GENERAL OFFICERS AWARD

Conditions of employment - hours of work - start/finish

REASONS FOR DECISION

This was an application for a dispute hearing made under Section 29 of the Act by The Tasmanian Public Service Association (the TPSA) arising out of a dispute with the management of the Royal Derwent Hospital, New Norfolk (the Hospital) over work starting and finishing times for artisan staff employed there.

The facts were that, for many years, the employees concerned, in simple terms, had commenced and finished work later than usual during the winter months. Specifically and at present the starting and finishing times for the artisan staff are:-

The TPSA with the support of the Health Services Union of Australia, Tasmania No. 1 Branch (the HSU), sought for the starting and finishing times to be made the same throughout the year, from 7.00 am to 4.00 pm. The Hospital sought to align the artisans with all other Government hospitals' artisan staff as to these times, in other words from 7.30 am to 4.30 pm throughout the year, but at least, it sought for the status quo to remain.

The unions submitted that the starting time should be set at 7.00 am every working day throughout the year for the following reasons:

• productivity and efficiency would be improved;

• morale would be raised;

• grounds staff commenced at 7.00 am all year round;

• technical college students would have better time availability to attend evening classes in Hobart if they were able to finish work every day at 4.00 pm (not 4.30 pm);

• it was a factor in the 4% Second Tier settlement that such things as the spread of hours (that is, starting and finishing times) should be able to be negotiated and agreed locally.

In response to the Unions' submissions the Minister Administering the State Service Act 1984 (the Minister) made the following points:

• over a number of years and as far back as 1985 the unions had made various approaches for changes in the hours in question. Negotiations this time commenced in February this year;

• the present written requisition system, was a proper, efficiency and satisfactory method of communication;

• all other major State Government Hospitals' artisan staff started work at 7.30 am at the earliest as well as similar staff at the ANM Mill at Boyer and the New Norfolk Council1;

• during the winter months the sun has been known to rise as late as 7.44 am and temperatures have gone as low as minus five degrees Celsius (substantiating the reason for later winter starts)2;

• the Unions themselves had approached the Hospital seeking special warm clothing for artisans due to the severity of the winter cold3;

• any student seeking to attend courses had already been given the option of assistance with earlier finishing times4;

• it was not intended that grounds staff start "early" during the winter months and, if they were, that practice would be stopped.

I accept the Minister's submissions in this matter and I find that the Union's reasons in support of their application were not substantial. The Minister's evidence firmly supported his submissions.

Under the State Service Act and Regulations the Minister (or his Agent) is responsible for fixing the hours of work in this case and in the light of what I have already indicated I am not prepared to interfere with that primary authority. I recommend that the status quo remain.

P A Imlach
COMMISSIONER

Appearances:
P Aiken for The Tasmanian Public Service Association.
C Stringer for the Health Services Union of Australia, Tasmania No. 1 Branch (the HSU)
J Cox with F Adlard for the Minister Administering the State Service Act 1984.

Date and place of hearing:
1991.
Hobart:
June 17.

1 Exhibit C1
2 Exhibits C6 and C7
3 Exhibits C4 and C5
4 Exhibit C1